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Nashville DUI/DWI Law Blog

Don't Get Arrested for a Day After DUI

Morning came way too soon. But last night you did the right thing by not driving. After drinking late into the night with your friends, the designated driver got you home safely.

But think twice about driving into work. Though a few hours have passed since your last drink and you got some sleep, it's possible that you are still over the .08 blood alcohol limit. That's because the body eliminates alcohol slowly. If you drive too soon and you are stopped by the police, you could be arrested for DUI.

Can all collected evidence be used against you?

Tennessee residents who are facing drug charges may have many questions on their mind, such as what penalties you could face if convicted or whether or not every piece of evidence obtained could be used against you in court. Rob McKinney, DUI defense attorney, works hard to set you at ease by providing clear-cut answers to these questions.

The short answer to this is simply: no. The long answer is a little more complicated. Illegally obtained evidence can be presented, but it can also be discarded if it's proved that the evidence wasn't gathered in the proper way. In cases where you've been charged of driving with illegal substances, for example, an officer needs to have a valid reason to suspect that you may be carrying drugs or drug paraphernalia in your car in order to pull you over and perform a search.

After a DUI Stop, Watch What You Say

When a police officer observes a driver who has committed a traffic offense, such as speeding or running a stop sign, the officer has probable cause to stop the driver. The officer then has the power to look for evidence of other suspected crimes, such as DUI or drug possession.

At this point, many drivers make the mistake of trying to talk their way out of trouble. They think that by being honest, cooperative and contrite, the officer may let them go on their way. But a police officer who suspects a driver is impaired is not really looking for answers to the questions asked. The officer is looking for evidence that supports his or her belief that the driver is impaired. What a driver says can lead to a DUI arrest.

Crash leads sheriff deputy to be charged with drunk driving

Tennessee residents who have been arrested for suspicion of driving under the influence of alcohol know that there may be many steps involved in such an arrest and sometimes a DUI charge is only one of many charges that a person may ultimately face. It is also important to know that nobody is truly above the law as even law enforcement officers themslves can be charged with a drunk driving offense. 

This is precisely what has happened recently in Somerville in Fayette County to a deputy officer with the Fayette County Sheriff's Office. In addition to being arrested and charged with DUI, the deputy has been placed on suspension from his job and will collect no salary while he is suspended. He was booked into jail but posted a $1,500 bond that allowed him to be released for now. The arrest came while he was responding to a call related to a homicide.

No more trash pick-up for DUI offenses

For many, getting pulled over for a DUI may seem completely out of the realm of possibility. However, with a clear understanding of the legal limits in Tennessee, these offenses may be easier to come by than a person first imagines. This is especially true for underage drinking arrests, which lawmakers are trying to crack down on.

In 2016 the legislature made changes to the state’s DUI laws. As The Tennessean reports, lawmakers wanted to make harsher consequences for drivers who are not legally able to drink. With the new law in place, a special session was called to remain in federal compliance for highway funds. For drivers who are drinking underage, the legal limit is .02 blood-alcohol content, which does not require much to drink be considered eligible for a DUI. Those 21 and older are over the legal limit at .08 blood-alcohol level.

Avoiding Arrest at Bonnaroo

Today marks the start of this year's Bonnaroo Music & Arts Festival. Taking place from June 8 through June 11, the festival attracts music lovers from Tennessee, across the nation, and around the world. Inevitably, a small number of attendees get arrested, mainly for drug and alcohol crimes. Many of those people could avoid arrest by taking some simple precautions.

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